The driver told police that he had picked up Oher and four other friends to go to a restaurant in downtown and that Oher instructed him to follow another vehicle from the residence. As they continued toward the downtown area, the driver did not feel that the lead vehicle knew where they were going and suggested that he take the lead. As he did so, an argument reportedly broke out between the driver and Oher.

According to the police report, the argument continued during the ride and both the driver and Oher got out of the car upon arrival at the destination. The driver told police that Oher confronted him and when he put his hands up towards Oher's face, Oher pushed him to the ground.